Barrister Elaine Banton

Elaine Banton

Year of call: 1996  

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“Skilled and passionate advocate with a great ability to remember the finer details of a case. She makes clients feel at ease, and they should because they are in good hands.”

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Overview


Elaine has specialised in employment and discrimination law from the outset of her career. Elaine frequently represents both Claimants and Respondents in long running multi-strand discrimination matters and advises public bodies on high level strategic/policy matters such as the TUPE consequences of various contracting arrangements and on equality issues such as equal pay/harmonisation. She also has experience of mediation, executive termination, restrictive covenants and injunctions.

She is regularly instructed in high value and complex trials by private companies, public sector bodies and individuals. Her practice also includes disciplinary, regulatory, sports law, human rights, harassment and stress at work claims.

She speaks and writes regularly on her specialist areas of the law for various practice publications. Elaine is a co-author of the chapter on Human Rights and Employment Law for Tolley’s Employment Law.

An active member of the Discrimination Law Association, she was Treasurer of the DLA for 6 years. In 2009 Elaine was named a ‘Pro Bono Hero for 2009’ by the Attorney General’s Office. From 2011 to 2014 Elaine was a Barrister member of the Bar Standards Board’s Complaints Committee. Elaine is a member of the Bar Council Equality Diversity and Social Mobility Committee and a member of the Temple Women’s Forum Committee.

Employment Regulatory & Professional Discipline Sport

Employment


Elaine has specialised in employment and discrimination law from the outset of her career. Her practice covers the broad range of employment and discrimination law. Elaine represents both Claimants and Respondents in long running multi-strand discrimination matters and advises public bodies on high level strategic/policy matters such as the TUPE consequences of various contracting arrangements and on equality issues such as equal pay/harmonisation.

Elaine also has experience of mediation, executive termination, restrictive covenants and injunctions. She appears regularly in the Employment Tribunal, EAT, the High Court and Court of Appeal in employment matters, acting for both claimants and respondents including group litigation.

She is regularly instructed in high value and complex trials by private companies, public sector bodies and individuals. Her practice also includes disciplinary, regulatory, sports law, human rights, harassment and stress at work claims.

Elaine speaks and writes regularly on her specialist areas of the law for various practice publications. Elaine is a member of the Bar Council Equality Diversity and Social Mobility Committee.

Memberships


  • ELA (Employment Lawyers Association)
  • ELBA (Employment Law Bar Association)
  • DLA (Discrimination Law Association)
  • Bar Council Equality Diversity and Social Mobility Committee
  • Temple Women’s Forum Committee

Bonus Cases Employment Status Equality & Discrimination Equal Pay Industrial Action & Collective Labour Law Injunctive Relief & Employee Competition Pensions & Benefits Termination Of Employment TUPE Whistleblowing & Victimisation

Bonus Cases


Elaine regularly acts for high net worth individuals based in the UK and internationally in the High Court and Employment Tribunal.

Employment Status


Elaine advises and represents individuals and employers in respect of worker/employee status. These involve contract workers in local authorities and workers employed in the home. She is well versed on the matters of agency and sham contracts as well as illegality issues.

Equality & Discrimination


Elaine has been at the forefront of complex discrimination cases and from the outset of her career being involved in long running multi day discrimination cases, including claims involving high ranking police officers lasting several weeks. She is regularly involved in claims involving high net worth individuals, the legal sector and other city based employees.

Dr Bijlani v 4 New Square Chambers (2009-2010).  Elaine (Led by John Bowers QC) successfully represented the Respondent, 4 New Square Chambers, in a high profile and complex, £30m, 5-week discrimination claim. This was the first of its kind involving an established barrister claiming race and disability discrimination against former Heads of Chambers and Senior Clerk.

Elaine’s practice regularly includes claims with a human rights aspect such as employees who have been trafficked and employed in domestic servitude and other forms of exploitative relationships.

Elaine regularly provides training in discrimination matters.

 

Equal Pay


Elaine possesses substantial experience in both complex equal pay and harmonisation matters. Elaine has acted in a number of public sector equal pay claims which include a series of group actions, equal pay and sex discrimination claims brought by differing trade unions in the Employment Tribunal. She also provided assistance in the council’s ongoing and extensive job evaluation/harmonisation process. Involving consultation with trade unions.

Industrial Action & Collective Labour Law


Elaine acts on behalf of individual including group litigation and large employers. She regularly advises and acts on the issues of injunctive relief to restrain unlawful strike action.

Injunctive Relief & Employee Competition


Both in the context of employee relations and industrial relations Elaine has extensive experience of injunctive relief matters.

  • Oomen v LB of Hounslow (2012): Successfully resisted High Court injunction with costs regarding right to legal representation in internal disciplinary.

Pensions & Benefits


Elaine advises individuals and large organisations on the consequence of changes to pension benefits as well as discrimination. She regularly advises local authorities as to the implications of modification to pensions and benefits schemes.

Termination Of Employment


Dealing in wide ranging and complex matters much of Elaine’s termination cases will involve an element of discrimination or whistleblowing. Elaine regularly deals in claims involving executive termination and high net worth individuals.

  • London Underground Ltd v Strouthos [2003] EAT 4.06.03, [2004] All ER (D) 63:  Represented the Claimant both in the Employment Tribunal and EAT. Significance of good employment record in gross misconduct cases. Case led onto Strouthos v London Underground Ltd [2004] IRLR 636.

TUPE


In the contentious field of TUPE Elaine acts for individuals and groups of employees as well as large organisations in both the public and private sector. Her claims often involve an element of discrimination and/or equal pay.

Whistleblowing & Victimisation


Elaine is able to negotiate the ever changing scope of legislation in the field. She regularly appears on behalf of high profile whistle blowers in the public and private sector. Many of Elaine’s multi day cases involve an element of whistle blowing.

Employment Cases


Regulatory & Professional Discipline


Elaine has an established background encompassing advice and litigation relating to the regulation of professionals including police officers, teachers, social workers, medics and sports people. In the case of police officers Elaine has acted for police officers at both Misconduct Hearings and Police Appeal Tribunals (PAT). Elaine’s practice also includes judicial review where applicable.

Elaine served as a Barrister member of the Bar Standard’s Boards’ Complaints Committee from 2011-2014.

Memberships


  • ARDL (Association of Regulatory & Disciplinary Lawyers)

Financial Services Regulation & Enforcement Medical & Dental Police Disciplinary

Financial Services Regulation & Enforcement


Elaine has experience in advising and appearing in a wide range of financial services regulatory matters. In the past Elaine has carried out training for the IFA (Institute of Financial Accountants) Elaine also sits as a Legal Assessor for the IFA.

Medical & Dental


Elaine has considerable experience of appearing on behalf of dentists and medics in respect of fitness to practice and disciplinary matters.

Police Disciplinary


Elaine regularly acts for police officers in the Employment Tribunal and complements her practice by appearing in Misconduct Hearings and Police Appeal Tribunals for a variety of police officers of all ranks including senior levels. Elaine also possesses experience in judicial review in respect of decisions of the PAT.

Sport


Elaine’s practice covers a variety of aspects of sports law encompassing the interests of sports organisations, coaches, teachers and managers in addition to individual sportsmen and women. Elaine has a particular interest in football and athletics and in issues involving all forms of discrimination and harassment. Such as advising and training Kick It Out, football’s forerunner in equality and diversity inclusion issues.

Elaine also writes and speaks regularly on her areas of legal speciality. She is happy to take cases on a direct access basis.

Memberships


  • BASL (British Association for Sport & Law)

Commercial & Employment Regulatory & Disciplinary

Commercial & Employment


Elaine has an established practice and considerable experience in employment and employment related commercial matters such as contracts, terminations and discrimination. Elaine has experience of being instructed in High Court applications in various injunctive proceedings. Her expertise in this area complements her practice in sports related commercial and employment matters.

Elaine accepts instructions from individual sportsmen and women, from organisations and from the promoters of events across a range of major professional and amateur sports.

Elaine has wide experience in sports related employment law issues and has recently advised in relation to a discrimination matter involving a professional footballer. She has a particular expertise on the use of social media in sports law cases.

Elaine accepts instructions in all areas of sports related domestic employment law, including unfair and wrongful dismissal, termination, breach of contract, redundancy and discrimination claims.

Regulatory & Disciplinary


Elaine has an established background in litigation relating to the regulation of professionals including teachers, social workers and medics, which has enabled Elaine to develop the regulatory aspects of her sports law practice for both individual sportsmen and women, in addition to clubs and organisations.

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